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If the Agency expends less than$750,000 in federal awards from any and/or all sources in any fiscal year, <br /> the Agency shall notify the City that it did not meet the single audit requirement. <br /> 8. DEBARMENT <br /> A. The Agency certifies by signing this Agreement that to the best of its knowledge and belief that it: <br /> i. Is not presently debarred, suspended, proposed for debarment, declared ineligible, or <br /> voluntarily excluded from covered transactions by any Federal department or agency. <br /> ii. Has not within a three-year period preceding this Agreement, been convicted of or had a <br /> civil judgment rendered against it for commission of fraud or a criminal offense in <br /> connection with obtaining, attempting to obtain, or performing a public or private <br /> agreement or transaction, violation of Federal or State antitrust statutes or commission <br /> of embezzlement, theft, forgery, bribery, falsification or destruction of records, making <br /> false statements, tax evasion, receiving stolen property, making false claims, or <br /> obstruction of justice; <br /> iii. Is not presently indicted for or otherwise criminally or civilly charged by a governmental <br /> entity (Federal, State, or local) with commission of any of the offenses enumerated in <br /> paragraph (1)(b) of federal Executive Order 12549; and <br /> iv. Has not within a three-year period preceding the signing of this Agreement had one or <br /> more public transactions (Federal,State, or local)terminated for cause of default. <br /> B. Where the Agency is unable to certify to any of the statements in this Agreement, the Agency <br /> shall attach an explanation to this Agreement. <br /> C. The Agency agrees by signing this Agreement that it shall not knowingly enter into any lower tier <br /> covered transaction with a person who is debarred,suspended,declared ineligible, or voluntarily <br /> excluded from participation in this covered transaction, unless authorized by the City. <br /> D. The Agency further agrees by signing this Agreement that it will include the clause titled <br /> "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier <br /> Covered Transaction," as follows,without modification, in all lower tier covered transactions and <br /> in all solicitations for lower tier covered transactions: <br /> LOWER TIER COVERED TRANSACTIONS <br /> i. The lower tier Agency certifies, by signing this Agreement that neither it nor its principals <br /> is presently debarred, suspended, proposed for debarment, declared ineligible, or <br /> voluntarily excluded from participation in this transaction by any Federal department or <br /> agency. <br /> ii. Where the lower tier Agency is unable to certify to any of the statements in this <br /> Agreement, such contractor shall attach an explanation to this Agreement. <br /> E. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, <br /> person, primary covered transaction, principal, and voluntarily excluded, as used in this section, <br /> - 3 - <br />